Enabling Policy and Regulatory Framework

From a legislative and institutional perspective, Kenya has made some impressive progress on climate change response to date.1 This includes the constitutional recognition of sustainable development, public participation in environmental decision making, and socioeconomic rights, the intensification of forest rehabilitation and reforestation through a set level of mandatory forest cover, and the requirement for agro-forestry practices on all farms, amongst many others. Most recently, draft climate change legislation has been developed with significant civil society involvement and put forward as a private member‘s Bill. Regarding the current institutional framework, a range of institutions have been created that have a specific mandate to address climate change or have substantial engagement with the issue. These include the Climate Change Secretariat within the Ministry of Environment and Mineral Resources, the Climate Change Coordination Unit within the current Office of the Prime Minister and the establishment of ‗climate desks‘ in key sectoral ministries.

Despite its achievements, Kenya at present lacks a long-term and overarching legislative and institutional framework that can facilitate the necessary direction, guidance, coordination and high-level political buy-in to mainstream climate change across government and enable the effective implementation of actions to address climate change. The Enabling Policy and Regulatory Reports seek to analyze potential options available to the Government of Kenya and provides a series of recommendations for climate change related legislative and institutional reform.